This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to demonstrate that the community relations coordinator position qualifies as a specialty occupation under any of the four regulatory criteria. The petitioner's claimed degree requirement (business administration or related field) was too generalized to establish the position as a specialty occupation.
A three-employee florist company sought H-1B classification for a community relations coordinator who would work with Bulgarian floral shops. The Vermont Service Center denied the petition, and the AAO affirmed on appeal. The AAO found the position failed all four specialty occupation criteria because the petitioner only claimed a general-purpose business administration degree was required, which is legally insufficient. The DOL Handbook confirmed that public relations specialists can enter the field with degrees in several unrelated disciplines, and the petitioner's Level I wage designation further undermined claims of complexity. An expert opinion was discounted because it did not address the wage level or distinguish the position from ordinary public relations roles.
What failed: The petitioner's claimed degree requirement of 'business administration, marketing, international business, or a related field' was too broad and generalized to establish a specialty occupation — courts and USCIS require a specific degree directly tied to the position's duties. The expert opinion letter was discounted because it failed to address the Level I wage designation and did not distinguish the position from ordinary public relations jobs described in the DOL Handbook. The petitioner also inconsistently described the minimum education requirement across its submissions, undermining its credibility.
Takeaway: H-1B petitioners must identify a single, specific degree field that is directly and closely tied to the actual job duties — a general business or multi-discipline degree requirement will defeat the petition. Petitioners should also ensure their LCA wage level is consistent with claims of job complexity, as a Level I designation undercuts arguments that the position is uniquely specialized.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The petitioner's claimed degree requirement of 'business administration, marketing, international business, or a related field' was too broad and generalized to establish a specialty occupation — courts and USCIS require a specific degree directly tied to the position's duties
- The expert opinion letter was discounted because it failed to address the Level I wage designation and did not distinguish the position from ordinary public relations jobs described in the DOL Handbook
- The petitioner also inconsistently described the minimum education requirement across its submissions, undermining its credibility.
Expert opinion from a university professor/department chair opining that the position requires a bachelor's degree in business administration, marketing, or international business — rejected because it did not address the Level I wage designation, did not distinguish the duties from the Handbook's description of public relations specialists, and was inconsistent with other record evidence
O*NET OnLine Summary Report for Public Relations Specialists — found unhelpful because O*NET job zone designations do not specify the field of study required for a degree
Petitioner's claim that the position requires a bachelor's degree in business administration, marketing, or international business — rejected as too generalized and inconsistently stated across submissions
List of coursework in statistics, economics, accounting, management, business law, MIS, public relations, marketing, marketing research, international marketing, international business, strategic management, and business communications — insufficient without showing an established curriculum leading to a degree in a specific specialty is required
Completed
I-129 filed
Community relations coordinator for a small floral design company, handling public relations, vendor relationships, and bilingual web content for Bulgarian floral shops
Completed
Vermont Service Center — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2016-12-29
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to demonstrate that the community relations coordinator position qualifies as a specialty occupation under any of the four regulatory criteria. The petitioner's claimed degree requirement (business administration or related field) was too generalized to establish the position as a specialty occupation.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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